BEFORE THE ACUPUNCTURE BOARD

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 1A-2010-217

OAH No. 2014040016ANDREW SUNG YOUNG LEE, L.AC. 2352 Applewood Circle Fullerton, CA 92833 Acupuncturist License No. AC 6060,

Respondent.

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Acupuncture Board, as its Decision in this matter.

This Decision shall become effective on June 14, 2015

It is so ORDERED May 14, 2015

FOR THE ACUPUNCTURE BOARD DEPARTMENT OF CONSUMER AFFAIRS

KAMALA D. HARRIS Attorney General of California JUDITH T. ALVARADON Supervising Deputy Attorney General

3 WENDY WIDLUS Deputy Attorney General

4 State Bar No. 82958 California Department of Justice

S 300 South Spring Street, Suite 1702 Los Angeles, California 90013 Telephone: (213) 897-2867 Facsimile: (213) 897-9395

7 E-mail: Wendy. Widlus@doj.ca.gov Attorneys for Complainant

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BEFORE THE ACUPUNCTURE BOARD

10 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

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12 In the Matter of the Accusation Against:

13 ANDREW SUNG YOUNG LEE, L.AC. 2352 Applewood Circle

14 Fullerton, CA 92833 Acupuncturist License No. AC 6060,

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Respondent.16

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Case No. 1A-2010-217

OAH No. 2014040016

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

19 entitled proceedings that the following matters are true: Fullerton, California

20 PARTIES

21 1 . Terri Thorfinnson (Complainant) is the Executive Officer of the Acupuncture Board

22 (Board). She brought this action solely in her official capacity and is represented in this matter by

23 Kamala D. Harris, Attorney General of the State of California, by Wendy Widlus, Deputy

24 Attorney General.

25 2. Respondent Andrew Sung Young Lee, L.Ac. (Respondent) is represented in this

26 proceeding by attorney James C. Kim, whose address is: The Law Offices of James C. Kim, 3600

27 Wilshire Boulevard, Suite 1220, Los Angeles, CA 90010.

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STIPULATED SETTLEMENT (1A-2010-217)|

3. On or about September 30, 1997, the Board issued Acupuncture License No. AC

N 6060 to Respondent. The Acupuncture License was in full force and effect at all times relevant to

w the charges brought in Accusation No. 1A-2010-217 and will expire on September 30, 2014,

A unless renewed.

5 JURISDICTION

6 4. Accusation No. 1A-2010-217 was filed before the Acupuncture Board, and is

7 currently pending against Respondent. The Accusation and all other statutorily required

8 documents were properly served on Respondent on January 6, 2014. Respondent timely filed his

Notice of Defense contesting the Accusation. A copy of Accusation No. 1A-2010-217 is attached

10 as exhibit A and incorporated herein by reference.

11 ADVISEMENT AND WAIVERS

12 5. Respondent has carefully read, fully discussed with counsel, and understands the

13 charges and allegations in Accusation No. 1A-2010-217. Respondent has also carefully read,

14 fully discussed with counsel, and understands the effects of this Stipulated Settlement and

15 Disciplinary Order.

16 6. Respondent is fully aware of his legal rights in this matter, including the right to a

17 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

18 his own expense; the right to confront and cross-examine the witnesses against him; the right to

19 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

20 the attendance of witnesses and the production of documents; the right to reconsideration and

21 court review of an adverse decision; and all other rights accorded by the California

22 Administrative Procedure Act and other applicable laws.

23 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

24 every right set forth above.

25 CULPABILITY

26 8. Respondent admits the truth of each and every charge and allegation in Accusation

27 No. 1A-2010-217.

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STIPULATED SETTLEMENT (1A-2010-217)

9. Respondent agrees that his Acupuncture License is subject to discipline and he agrees

N to be bound by the Board's probationary terms as set forth in the Disciplinary Order below.

w CONTINGENCY

4 10. This stipulation shall be subject to approval by the Board. Respondent understands

and agrees that counsel for Complainant and the staff of the Board may communicate directly

with the Board regarding this stipulation and settlement, without notice to or participation by

7 Respondent. By signing the stipulation, Respondent understands and agrees that he may not

withdraw his agreement or seek to rescind the stipulation prior to the time the Board considers

9 and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, the

10 Stipulated Settlement and Disciplinary Order shall be of no force or effect, except for this

11 paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not

12 be disqualified from further action by having considered this matter.

13 1 1. The parties understand and agree that Portable Document Format (PDF) and facsimile

14 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile

15 signatures thereto, shall have the same force and effect as the originals.

16 12. In consideration of the foregoing admissions and stipulations, the parties agree that

17 the Board may, without further notice or formal proceeding, issue and enter the following

18 Disciplinary Order:

19 DISCIPLINARY ORDER

20 IT IS HEREBY ORDERED that issued Acupuncture License No. AC 6060 issued to

21 Respondent Andrew Sung Young Lee is revoked. However, the revocation is stayed and

22 Respondent is placed on probation for seven (7) years on the following terms and conditions.

23 1 . ACTUAL SUSPENSION As part of probation, Respondent is suspended from the

24 practice of acupuncture for 30 days beginning with the effective date of this decision.

25 2. REIMBURSEMENT FOR PROBATION SURVEILLANCE MONITORING

26 Respondent shall reimburse the Board for the hourly costs it incurs in monitoring the probation to

27 ensure compliance for the duration of the probation period.

25 3. COURSEWORK Respondent shall take and successfully complete not less than

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STIPULATED SETTLEMENT (IA-2010-217)

eight (8) hours of coursework in the following area: ethics. The coursework shall be taken as

approved by the Board. Classroom attendance must be specifically required. Course contentN

shall be pertinent to the violation and all coursework must be completed within the first 3 years ofw

4 probation. The required coursework must be in addition to any continuing education courses that

5 may be required for license renewal.

6 Within 90 days of the effective date of this decision, Respondent shall submit a plan for the

Board's prior approval for meeting the educational requirements. All costs of the coursework

8 shall be borne by the Respondent. The Board agrees the coursework shall be obtained through

9 attendance at, and completion of, the 16 hour class provided in the Korean language entitled

10 "Medical Ethics and Clinical Management" given by Board approved provider "Ok-Go

11 Acupuncture Health Care Inc." in Yorba Linda, California.

12 4. COMMUNITY SERVICE Respondent shall provide 300 hours of acupuncture

13 services without charge, nor may Respondent charge for products used during his acupuncture

14 services. Respondent must provide the 300 hours only through the "GMBC" medical community

15 service organization, located at 10241 Chapman Avenue, Garden Grove, California, 92840. The

16 Board understands and believes "GMBC" to be a medical community service organization which

17 serves people of low income who have no health insurance by donating medical services to

18 recipients free of charge.

19 Pastor Paul Oh is the only person permitted to supervise Respondent at "GMBC" while

20 Respondent provides acupuncture to "GMBC" recipients. Pastor Oh must submit written proof of

21 his supervision of Respondent's community service hours to the Board's assigned probation

22 surveillance monitor on a regular basis as directed by the Board.

23 5. OBEY ALL LAWS Respondent shall obey all federal, state and local laws and all

24 regulations governing the practice of acupuncture in California. A full and detailed account of

25 any and all violations of law shall be reported by the Respondent to the Board in writing within

26 seventy two (72) hours of occurrence.

27 6. QUARTERLY REPORTS Respondent shall submit quarterly declarations under

28 penalty of perjury on forms provided by the Board, stating whether there has been compliance

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STIPULATED SETTLEMENT (1A-2010-217)

with all the conditions of probation.

N 7. INTERVIEW WITH THE BOARD OR ITS DESIGNEE Respondent shall appear in

W person for interviews with the Board or its designee upon request at various intervals and with

reasonable notice.A

U 8. CHANGES OF EMPLOYMENT Respondent shall notify the Board in writing,

6 through the assigned probation surveillance compliance officer of any and all changes of

7 employment, location and address within 30 days of such change.

9. TOLLING FOR OUT-OF-STATE PRACTICE OR RESIDENCE In the event

9 Respondent should leave California to reside or to practice outside the State, Respondent must

10 notify the Board in writing of the dates of departure and return. Periods of residency or practice

outside California will not apply to the reduction of this probationary period.

12 10. COST RECOVERY Respondent shall pay to the Board its costs of investigation and

13 enforcement in the amount of $4,632.50. This amount shall be paid in full, directly to the Board

14 within six (6) months prior to the termination date of probation. Cost recovery will not be tolled.

15 Respondent understands that failure to timely pay costs is a violation of probation, and

16 submission of evidence demonstrating financial hardship does not preclude the Board from

17 pursuing further disciplinary action. However, Respondent understands that providing evidence

18 and supporting documentation of financial hardship may delay further disciplinary action.

19 Consideration to financial hardship will not be given should Respondent violate this term and

20 condition, unless an unexpected AND unavoidable hardship is established from the date of this

21 order to the date payment(s) is due.

22 11. VIOLATION OF PROBATION If Respondent violates probation in any respect, the

23 Board may, after giving Respondent notice and the opportunity to be heard, revoke probation and

24 carry out the disciplinary order that was stated. If an accusation or petition to revoke probation is

25 filed against Respondent during probation, the Board shall have continuing jurisdiction until the

26 matter is final, and the period of probation shall be extended until the matter is final. No petition

27 for modification or termination of probation shall be considered while there is an accusation or

28 petition to revoke probation pending against Respondent.

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STIPULATED SETTLEMENT (1A-2010-217)|

12. COMPLETION OF PROBATION Upon successful completion of probation,

N Respondent's license will be fully restored.

ACCEPTANCE

A I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

discussed it with my attorney, James C. Kim. I understand the stipulation and the effect it will

have on my Acupuncture License. I enter into this Stipulated Settlement and Disciplinary Order

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voluntarily, knowingly, and intelligently, and agree to be bound by the Decision and Order of the

Acupuncture Board.

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DATED: ANDREW SUNG YOUNG LEE, L.AC. Respondent

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I have read and fully discussed with Respondent ANDREW SUNG YOUNG LEE, L.Ac.

the terms and conditions and other matters contained in the above Stipulated Settlement and

Disciplinary Order. I approve its form and content.

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DATED: 9 - 12- 14 C . AJames C. Kim

Attorney for Respondent

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27 ENDORSEMENT

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STIPULATED SETTLEMENT (1A-2010-217)

ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Acupuncture Board.w

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Dated : Respectfully submitted,

KAMALA D. HARRISSuplanterin , 2014 Attorney General of California JUDITH T. ALVARADO

00 Supervising Deputy Attorney General

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10 WENDY WIDLES Deputy Attorney General11 Attorneys for Complainant

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